Judgment

Ali Mohammad Magrey, J.—By medium of this petition, the petitioner has sought the indulgence of this Court in granting her the following relief(s):

“(A) A writ in the nature of mandamus, be issued in favour of petitioner and against respondents, whereby commanding the respondents to release proper scale including grade pay attached to post i.e. 4800 to petitioner retrospectively and accordingly compute the increments to which petitioner is entitled.

(B) A writ in the nature of mandamus, be issued in favour of petitioner against respondent, whereby commanding the respondents to consider petitioner for promotion to next higher post grade and post.

(C) Any other writ, order or direction which this Hon’ble Court may deem proper be issued in favour of petitioner.”

2. An advertence, though brief, to the factual antecedents leading to the filing of this petition would be advantageous to appreciate the controversy involved in its proper perspective. The petitioner claims to be a Law Graduate (Professional), after practising as a Lawyer and attainment of sufficient professional experience as well as the legal acumen, joined the respondent Forest Department in the year 1990 and discharged her duties as a Law Officer in the Law Wing of the Department. The petitioner, after performing her duties as such in the respondent Department for a considerable period of time, sought her confirmation and subsequent release of grade attached to the post of Law Officer on the ground that she was performing duties on the said post and that the post was vacant. The request so made by the petitioner was examined and considered at various levels in the Department, but no final decision was taken with regard to the claim of the petitioner, constraining the petitioner to approach this Court through the medium of writ petition bearing SWP No. 2619 of 1991. In the said petition, the petitioner sought regularization against the post of Law Officer held by her in the respondent Department on adhoc basis and subsequent release of pay scale/ grade attached to the said post. The respondents, thereafter, initiated the process on the request/ representation of the petitioner without filing their reply in the writ petition so filed by the petitioner, thereby resulting in the pendency of the said petition till July, 1999. It is submitted that the respondents informed the petitioner that her grievance will be redressed only if the petitioner withdraws the writ petition from this Court and, on the basis of this assurance, the petitioner was compelled to withdraw the said petition. Thereafter, as stated, vide Government Order No. 250-FST of 1999 dated 23rd of June, 1999, the petitioner was placed as Law Officer in the pay scale of Rs. 6500-10500, whereby she was allowed to hold the post of Law Officer without any interruption. The petitioner, again, represented before the respondents for seeking regularization of her placement as Law Officer in the respondent Department. The Chief Conservator of Forests, in terms of communication No. 55/MS/CCF(K)Adm/2009/3893 dated 8th December, 2009, forwarded the case of the petitioner to the Principal Chief Conservator of Forests with the recommendations that the petitioner may be regularized against an available post of Law Officer in view of her experience and length of service rendered in the Department. Thereafter, on 8th of June, 2011, the case of the petitioner, after proper consideration and with the approval of the Forest Minister, was submitted for approval to confirmation/regularization against the post of Law Officer in the pay scale of Rs. 9300-34000-GP 4800 to Chief Minister through Chief Secretary in Coordination. Since, the respondents failed to regularize the services of the petitioner in pursuance of the aforesaid note submitted by the competent authority, the petitioner was constrained to file SWP No. 624/2012. The said writ petition came to be decided by the Division Bench of this Court vide judgment dated